1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 23, 2005, C in relation to the change of rights for the instant project site: (a) acquired the ownership by winning the instant project site at a voluntary auction procedure; (b) on July 7, 2006, the Plaintiff acquired the ownership by purchasing the instant project site from C; and (c) on December 5, 2011, E acquired the ownership by winning the instant project site at a successful auction procedure.

B. The succession of the permission to occupy and use the first place of the instant case to use the instant project site as a rest area and a gas station (hereinafter “the permission to occupy and use the first place of the instant case”) for the purpose of establishing a rest area and a gas station access route with respect to the F. 1,769 square meters of land outside the Gyeongnam-gun, Busan-do, and two lots (hereinafter “the first place of the instant case”).

(2) The Plaintiff purchased the instant land from C in order to obtain succession to the instant permission to occupy and use the primary road of this case. On December 2005, the Plaintiff prepared a contract with C on the transfer and acquisition of the rights and obligations to the instant permission to occupy and use the primary road of this case, and submitted a report on the succession to the rights and obligations to the instant permission to occupy and use the primary road of this case. On March 7, 2006, the Plaintiff obtained from the Defendant on March 7, 2006 the permission to occupy and use the primary road of 3,012 square meters (hereinafter “the instant site to occupy and use the primary road of this case”).

3) During a voluntary auction procedure, E submitted a report on succession to the right and duty to occupy and use the instant secondary road to the Defendant without preparing a contract for transfer or acquisition of the right and duty to occupy and use the instant secondary road between the Plaintiff and the Plaintiff, and on December 20, 201, the permission to occupy and use the instant secondary road and to connect the instant secondary road due to the entry into the gas station (hereinafter “instant third permission”).